Vermont § 6565 - Pleas

§ 6565. Pleas

• (a) In prosecutions for felonies, the State’s Attorney shall place on record in open court
  the content of the plea agreement, including the offenses charged and the disposition
  of those charges. (b) No plea agreement shall be binding upon the court nor shall it limit the court in
  the judgment and sentence to be imposed. A defendant may not withdraw a plea of guilty
  or nolo contendere except as provided in Rule 32(d) of the Vermont Rules of Criminal
  Procedure. (c)(1) Prior to accepting a plea of guilty or a plea of nolo contendere from a defendant
  in a criminal proceeding pursuant to Rule 11 of the Vermont Rules of Criminal Procedure,
  the court shall address the defendant personally in open court, informing the defendant
  and determining that the defendant understands that, if he or she is not a citizen
  of the United States, admitting to facts sufficient to warrant a finding of guilt
  or pleading guilty or nolo contendere to a crime may have the consequences of deportation
  or denial of U.S. citizenship. (2) If the court fails to advise the defendant in accordance with this subsection, and
  he or she later at any time shows that the plea and conviction may have or has had
  a negative consequence regarding his or her immigration status, the court, upon the
  defendant’s motion, shall vacate the judgment and permit the defendant to withdraw
  the plea or admission and enter a plea of not guilty. (d) Each State’s Attorney shall submit an annual report to the Office of the Executive
  Director of the State’s Attorneys, in such form as the Executive Director may require,
  providing information as to the use of plea agreements. (Added 1981, No. 223 (Adj. Sess.), § 21; amended 1983, No. 229 (Adj. Sess.), § 2; 2005, No. 121 (Adj. Sess.), § 1, eff. Sept. 1, 2006; 2017, No. 14, § 1.)